Anyone out their familiar with how lien laws work in Pennsylvania (Allegheny County)?
I’m familiar with Michigan lien laws, where you must be a licensed contractor in order to file a lien, and there are also stipulations about the amount of time you have to file the lien (90 days after work completion), time to foreclose on the lien (1 yr), as well as notices you must provide to the HO along the way (i.e. notice of commencement, notice of furnishing, proof of service of notice of furnishing, etc.)
Can anyone tell me the process in PA? I may try to help someone try to get some money back from a non-paying SOB HO. I really feel like using a bat, but I’ll try the legal means first.
Also, in PA, must you be licensed to do general carpentry work?
Thanks!
Replies
no carpentry/gc license in PA ... nothing Allegheny County specific, either.
some municipalities do have "registration" required to pull a permit(for a contractor), the city of Pittsburgh being one.
Plumbers and electricians are licensed here.
I looked into filing a lien once a coupla years ago ... can't remember who told me ... but I was told to file charges thru the local magistrate first, then file a lien to collect the award first. Never realy understood that logic, but looking back , I think it came from the magistrates office ... so maybe that's the route you have to take?
Since that time, PA has adopted the state wide building code. Allegheny county has always operated under codes ... but the paper work involved has changed, now with the states input. That may affect the lien process?
I'd suggest simply calling the local magistrates office for the next step.
One reason I decided straight to the magistrates was a good idea ... the lein only affects them if and when they plan to sell. In my case ... older guy ... recently divorced ... just fixed up a nice condo for his bachelor pad ... he's not moving again.
he was old ... but he wasn't planning on checking out any time soon!
Jeff
Buck Construction
Artistry In Carpentry
Pittsburgh Pa
Thanks for the info. I was hoping I'd here from you, since I knew you were in the 'burgh and from what I recalled had the misfortune of dealing with some deadbeats.
Ya see, unfortunately my dad, who is the contractor in this case, is from the old-school of trusting clients/people. You know, the honor system, where you are held to your word. What was he thinking?? He operates way too loose (from a contractual perspective), and surprisingly has never been burned.
And then there's now. Worked for a wench and her husband that were clients from hell. Had unrealistic expectations of how long things would take to complete (i.e. HGTV "done in a day" syndrome), yet couldn't get off their lazy a**** to move anything out of the way of the work that needed to be completed, etc, etc. My dad is 1000x more patient than I, and he was complaining.
In any event, I'm not sure if he's been able to collect anything yet from them. Possibly may have gotten materials paid for, but definately no labor. Luckily he only is out money to him, no subs to contend with, and the money isn't bank-breaking (relative to other horror stories I've read about here). I've actually thought of a really nasty way to get even that really isn't all that illegal ;-), but I figure I'll check into the lien approach first.
People like these clients... human target practice should not only be made allowable by law, but encouraged!
I'd still pursue it.
a written contract just helps define the agreement.
If he can show the magistrate that a deal was indeed struck ... even if it was over a handshake ... the magistrate knows no one goes off to work without expecting to be paid.
and like I said ... verify "my" lien info too ... I didn't take that route so I could be completely off base.
Jeff Buck Construction
Artistry In Carpentry
Pittsburgh Pa
Jeff,
Quick question... as I mentioned in my first posting, here in MI you have 90 days after substantial work has been performed to file a lien, then 1 year to file suit to collect. Do you happen to know what PA's rules are with respect to time limits?
We're probably a good 45 days past the last work completed, since the clients were "going on vacation" and wanted to see all the receipts to "review their accuracy". He said about a week ago that it's the first time in 30 years he ever had someone treat him in that manner... a mix of distrust and disdain. Wonderful clients, I'll tell ya...
I don't know ... I don't like waiting for my money ... so I hit the magistrates office the day after I heard I wasn't getting paid.
Jeff Buck Construction
Artistry In Carpentry
Pittsburgh Pa
You need to check to see if there is a no lien agreement filed. If so, no lien will take effect. If filed as to GC, it applies to all subs. You can find more info by googling "pa lien law" (text of statute, etc.)